The New Liberal Podcast

Is the Supreme Court the Last Branch Standing? ft. Sarah Isgur

Apr 18, 2026
Sarah Isgur, political commentator and author of Last Branch Standing, offers a concise look at the U.S. Supreme Court's history and role. She discusses polarization myths, unanimous decisions that defy simple labels, ideological and institutional fault lines among justices, the rise of the shadow docket, and how congressional dysfunction and politicized confirmations reshaped the Court.
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INSIGHT

Court As The Founders' Last Standing Branch

  • The Supreme Court is the one branch the founders would still recognize as doing its constitutional job.
  • Sarah Isgur argues the Court's institutional continuity and traditions contrast sharply with a Congress and presidency that look unrecognizable to the founders.
INSIGHT

Countermajoritarian Role Explains Unpopular Rulings

  • The Court's countermajoritarian role means unpopular decisions can indicate it's fulfilling its purpose.
  • Isgur cites First Amendment and criminal procedure examples and warns that majoritarian backlash doesn't equal illegitimacy.
INSIGHT

Media Narrative Inflates 6-3 Conservative Story

  • Public perception of a uniformly conservative 6-3 Court is distorted by selective media narratives.
  • Isgur notes 42% of decisions were unanimous last term and many 6-3 outcomes run both ideological directions but get unequal coverage.
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